Law No. 16 of 1960 Promulgating the Penal Code

General Provisions

Preliminary Provisions

Fundamental Principles

Article 1

No act shall constitute a crime, nor may any penalty be imposed in respect thereof, except pursuant to a provision of law.

Article 2

Crimes under this Law are of two types: felonies and misdemeanors.

Article 3

Felonies are crimes punishable by death, life imprisonment, or temporary imprisonment for a term exceeding three years.

Article 4

Criminal proceedings in respect of felonies shall lapse upon the expiry of ten years from the date on which the felony was committed.

A sentence imposing any of the penalties referred to in the preceding Article shall lapse upon the expiry of twenty years from the date on which the judgment becomes final, except for a death sentence, which shall lapse upon the expiry of thirty years.

Article 5

Misdemeanors are crimes punishable by imprisonment for a term not exceeding three years, a fine, or either of these two penalties.

Article 6

Criminal proceedings in respect of misdemeanors shall lapse upon the expiry of five years from the date on which the crime was committed.

A sentence imposing any of the penalties referred to in the preceding Article shall lapse upon the expiry of ten years from the date on which the judgment becomes final.

Article 7

The running of the limitation period applicable to criminal proceedings shall not be suspended for any reason whatsoever.

Article 8

The limitation period applicable to criminal proceedings shall be interrupted by accusation, investigation, trial proceedings, or inquiries conducted against the accused or officially brought to his attention.

In no event may the period, as a result of interruption, be extended by more than one-half of its original duration.

Article 9

Where there are multiple accused persons, interruption of the limitation period applicable to criminal proceedings in respect of one of them shall result in its interruption in respect of the others, even if no interrupting proceedings have been taken against them.

Article 10

The running of the limitation period applicable to a sentence shall be suspended by any legal or material impediment preventing its enforcement.

In the case of imprisonment, this period shall be interrupted by the arrest of the convicted person. In the case of a fine, it shall be interrupted by any enforcement measure taken against the convicted person or brought to his knowledge.

Application of the Law as to Place and Time

Article 11

The provisions of this Law shall apply to every person who commits, within the territory of Kuwait and its dependencies, any crime provided for herein.

They shall also apply to every person who, outside the territory of Kuwait, commits an act that makes him a principal offender or accomplice in a crime committed wholly or partly within the territory of Kuwait.

Article 12

The provisions of this Law shall also apply to every Kuwaiti national who, outside Kuwait, commits an act punishable under both this Law and the law applicable in the place where the act was committed, provided that he returns to Kuwait without having been acquitted by a foreign court of the charge brought against him.

Article 13

In all cases, criminal proceedings shall not be instituted against a person for a crime committed abroad if it is established that a foreign court has rendered a final judgment against him and that he has served the sentence imposed.

Article 14

Crimes shall be punished in accordance with the law in force at the time they are committed. No penalty may be imposed for an act committed before the entry into force of the law prescribing a penalty for that act.

Article 15

If, after the commission of an act and before a final judgment is rendered, a law more favorable to the accused is enacted, that law alone shall apply.

However, if, after a final judgment has been rendered, a law is enacted under which the act is no longer punishable at all, that law shall apply and the judgment shall be deemed null and void.

Article 16

By way of exception to the preceding Article, where the law prescribing the penalty is a temporary law enacted for a specified period, or a law enacted due to emergency circumstances, it shall apply to every act committed during its period of validity, even if its term expires or it is repealed following the cessation of the emergency circumstances before a final judgment concerning the act is rendered.

Article 17

Procedural laws shall apply to every procedure undertaken while such laws are in force, even where the procedure relates to a crime committed before their entry into force.

Any procedure validly undertaken under a law then in force shall remain valid unless otherwise provided.

The Crime

Criminal Responsibility

Article 18

A person who, at the time of committing the crime, has not completed seven years of age shall not be held criminally responsible.

Article 19

If a juvenile who has completed seven years of age but has not completed fourteen years commits a crime, the judge shall, instead of imposing the penalty prescribed by law, either order the juvenile's placement in a juvenile reformatory for a period specified in the judgment, provided that the juvenile shall in all cases be released upon reaching eighteen years of age, or reprimand the juvenile in court and deliver him to the person having legal guardianship over him.

Article 20

If a juvenile who has completed fourteen years of age but has not completed eighteen years commits a crime punishable by death, the judge shall sentence him to imprisonment for a term not exceeding fifteen years.

If he commits a crime punishable by life imprisonment, the judge shall sentence him to imprisonment for a term not exceeding ten years.

If he commits a crime punishable by temporary imprisonment, the judge shall sentence him to imprisonment for a term not exceeding one-half of the statutory maximum.

A fine, whether imposed together with imprisonment or independently, shall not exceed one-half of the statutory maximum fine prescribed for the crime committed.

The provisions relating to recidivism shall not apply to an accused person who has not attained eighteen years of age.

Article 21

Where the age of the accused cannot be established with certainty, it shall be determined by the judge. Age shall in all cases be calculated according to the Gregorian calendar.

Article 22

A person shall not be held criminally responsible if, at the time of committing the act, he was incapable of understanding its nature or unlawful character, or incapable of controlling his will, due to mental illness, deficient mental development, or any other abnormal mental condition.

Where the accused is found not criminally responsible pursuant to the preceding paragraph, the court may, if it considers him dangerous to public security, order his placement in an institution designated for persons with mental illness until the authority responsible for managing that institution orders his release after the reason necessitating his confinement has ceased to exist.

Article 23

A person shall not be held criminally responsible if, at the time of committing the act, he was incapable of understanding its nature or unlawful character, or incapable of controlling his will, as a result of consuming intoxicating or narcotic substances, where such substances were administered to him against his will or without his knowledge, or where their consumption caused him to suffer from a mental illness at the time of committing the act.

In the latter case, the provisions of the second paragraph of the preceding Article shall apply.

Article 24

A person shall not be held criminally responsible where, at the time of committing the act, he had lost his freedom of choice because, through no choice of his own, he was under the influence of a threat of imminent and serious harm to person or property.

Article 25

A person shall not be held criminally responsible for an act committed out of necessity to protect himself or another person from an imminent and serious danger threatening person or property, provided that he did not willfully cause the danger, could not avert it by any other means, and the act committed was proportionate to the seriousness of the danger avoided.

Legal Element - Grounds of Justification

Article 26

An act shall not constitute a crime where a ground of justification exists.

Article 27

Grounds of justification are: the exercise of a right, lawful self-defense, the exercise by a public official of his lawful authority or execution of an order that he is required to obey, and the consent of the victim.

Article 28

No crime is committed where an act is performed in good faith in the exercise of a right recognized by law, provided that the person committing the act remains within the limits of that right.

Article 29

No crime is committed where an act is performed in the exercise of a right of discipline by a person legally entitled to exercise such right, provided that he remains within its limits and the act is intended solely for correction or discipline.

Article 30

No crime is committed where an act is performed by a person licensed to practice medical or surgical procedures, where the purpose of the act is to cure the patient, the patient has expressly or impliedly consented in advance, and the practitioner has exercised the degree of care and caution required by established medical practice.

Prior consent by the legal guardian shall suffice where the patient's own consent has no legal effect.

No consent shall be required where the medical or surgical procedure must be performed immediately, or where the patient's circumstances prevent him from expressing his will and it is impossible to obtain the legal guardian's consent without delay.

Article 31

No crime is committed where an act occurs during a sporting competition and is committed by a participant therein, provided that the participant observes the standards of care and caution required by the rules governing that sport.

Article 32

No crime is committed where the act is performed in defense of the person or property of the actor, or in defense of the person or property of another.

Article 33

Lawful defense exists only where the danger threatening person or property is imminent and cannot be prevented by timely recourse to the protection of the public authorities.

Article 34

Lawful defense shall not justify intentional killing except where the killing is intended to prevent any of the following crimes:

1. A crime reasonably feared to result in death or serious bodily injury.

2. Sexual intercourse with a female without her consent or an indecent assault committed by force.

3. Kidnapping a person by force or threat.

Article 35

Lawful defense shall exist even where the person against whom such right is exercised is not criminally responsible pursuant to Articles 18 through 25.

Article 36

Where a person, acting in good faith, exceeds the limits of lawful defense by using force greater than that which an ordinary person in the same circumstances would have used to repel the attack, without intending to cause harm more serious than that required for defense, the judge may, where the act constitutes a felony, consider the person excused and impose the penalty prescribed for a misdemeanor instead of the penalty otherwise prescribed by law.

Article 37

No crime is committed where an act is performed by a public official in the course of exercising his functions, in the lawful exercise of authority conferred upon him by law or in execution of an order which the law requires him to obey.

Article 38

No crime is committed where an act is performed by a public official in execution of an order issued by a superior whom he is required to obey, provided that the official believed in good faith that he was obliged to obey the order.

Article 39

An act shall not constitute a crime where the victim consented to its commission and such consent is legally capable of rendering the act lawful.

Mental Element - Criminal Intent and Unintentional Fault

Article 40

Where the perpetrator intentionally commits the act constituting the crime, the crime shall be deemed intentional.

Article 41

Intent shall be deemed established where it is proven that the perpetrator's will was directed toward committing the act constituting the crime and producing the result for which the law imposes punishment.

Article 42

The motives that led to the commission of a crime shall be irrelevant unless the law expressly provides otherwise.

Article 43

Where the act constituting the crime is committed through unintentional fault, the perpetrator shall not be punished unless the law expressly so provides.

Article 44

Unintentional fault shall be deemed established where, in committing the act, the perpetrator acts in a manner in which an ordinary person placed in the same circumstances would not have acted, by reason of recklessness, carelessness, negligence, lack of attention, or failure to observe regulations.

A perpetrator shall also be deemed to have acted in this manner where he failed to foresee consequences that an ordinary person could have foreseen and therefore failed to prevent them, or where he foresaw such consequences but relied on his own skill to prevent them and they nevertheless occurred.

Material Element - Attempt and Participation in Crime

Article 45

An attempt to commit a crime consists of performing an act with the intention of carrying out the crime where the perpetrator is unable, for reasons beyond his control, to complete it. Mere contemplation of or determination to commit a crime shall not constitute an attempt.

An accused person shall be deemed to have attempted the crime whether he exhausted his criminal activity but was nevertheless unable to complete the crime, or was prevented against his will from performing all the acts that he could have performed.

The impossibility of committing the crime due to circumstances unknown to the perpetrator shall not prevent the act from being considered an attempt.

Article 46

An attempt shall be punishable by the following penalties, unless otherwise provided by law:

• Life imprisonment where the completed crime is punishable by death.

• Imprisonment for a term not exceeding fifteen years where the completed crime is punishable by life imprisonment.

• Imprisonment for a term not exceeding one-half of the maximum term prescribed for the completed crime.

• A fine not exceeding one-half of the maximum fine prescribed for the completed crime.

Article 47

A person shall be deemed a principal offender:

1. If he commits, alone or jointly with another, the act constituting the crime, or performs any act forming part of the crime.

2. If he provides assistance during the commission of the crime, or is present at or near the place where the crime is committed for the purpose of overcoming any resistance or strengthening the resolve of the offender.

3. If he induces a person who is not criminally responsible, or a person acting in good faith, to commit the crime.

Article 48

A person shall be deemed an accomplice before the commission of a crime:

1. If he incites another to commit the act constituting the crime and the crime occurs as a result of such incitement.

2. If he agrees with another person to commit the act constituting the crime and the crime occurs pursuant to such agreement.

3. If, with knowledge thereof, he assists the principal offender in any manner in the acts preparatory to the crime and the crime occurs as a result of such assistance.

Article 49

A person who knows that a crime has been completed shall be deemed an accomplice after its commission if he performs any of the following acts:

1. Concealing the person accused of committing the crime, whether such person was a principal offender or an accomplice before its commission.

2. Concealing property obtained from the commission of the crime or used in its commission, whether the concealment relates to the property itself or to property substituted for it or resulting from its disposal.

3. Unlawfully obtaining, with knowledge thereof, a benefit for himself or another person as a result of the commission of the crime.

Article 50

A principal offender shall be punished with the penalty prescribed for the crime committed or in whose commission he participated.

Where there are multiple principal offenders and one of them is not punishable because he lacks criminal capacity, lacks criminal intent, or benefits from a bar to punishment, the other principal offenders shall nevertheless be punished with the penalty prescribed by law.

The penalty applicable to one principal offender shall not be affected by circumstances existing in relation to another offender that would alter the legal characterization of the crime, unless the former was aware of those circumstances.

Article 51

Where one of the principal offenders executes the crime in a manner different from that originally intended, or commits a crime other than that originally intended, the other principal offenders shall be responsible for what actually occurred whenever the manner of execution or the crime actually committed was a probable consequence of the original plan of execution or of the crime originally intended.

Article 52

A person who participates in a crime before its commission shall be subject to the penalty prescribed for that crime unless otherwise provided by law.

Where the principal offender is not punishable due to a bar to punishment, the accomplice shall nevertheless be punished with the penalty prescribed by law.

Circumstances personal to the principal offender that alter the legal characterization of the crime shall not affect the accomplice unless the accomplice was aware of those circumstances.

Article 53

An accomplice before the commission of a crime shall be punished with the penalty prescribed for the crime even if it was committed in a manner different from that originally intended, or if the crime actually committed was different from the crime in which participation was intended, whenever the manner of execution or the crime actually committed was a probable consequence of the acts of participation performed by the accomplice.

Article 54

Where an accomplice withdraws from participation in the crime before its commission and informs the principal offender or offenders of such withdrawal before they begin its execution, the accomplice shall not be punished.

However, where participation consisted of assistance, exemption from punishment requires the accomplice to deprive the principal offender or offenders of the means of assistance he provided before execution of the crime begins, whether by recovering such means or rendering them unusable for the criminal purpose.

Article 55

An accomplice after the commission of a crime shall be punished with the penalty prescribed for the crime, except that where the crime is a felony, the punishment may not exceed imprisonment for five years.

The penalty prescribed for an accomplice after the commission of a crime shall not be imposed upon the spouse, ascendants, or descendants of the accused where they shelter him or assist him in hiding.

Article 56

Where two or more persons agree to commit a felony or misdemeanor and make preparations for its commission in circumstances indicating that they are unlikely to abandon their agreement, each shall be criminally responsible for a criminal conspiracy even if the crime forming the subject of the agreement does not occur.

Criminal conspiracy shall be punishable by imprisonment for a term not exceeding five years where the crime forming the subject of the agreement is punishable by death or life imprisonment.

Where the prescribed penalty for the intended crime is less severe, the penalty for criminal conspiracy shall be imprisonment for a term not exceeding one-third of the term of imprisonment prescribed for that crime.

Any person who, before the public authorities commence investigation or search and before any crime occurs, voluntarily informs them of the existence of the criminal conspiracy and identifies its participants shall be exempt from punishment.

Where the report is made after investigation or search has begun, it must actually lead to the arrest of the other participants.

Punishment

Principal Penalties

Article 57

The principal penalties that may be imposed under this Law are:

• Death.

• Life imprisonment.

• Temporary imprisonment.

Article 58

Every person sentenced to death shall be executed by hanging or firing squad.

Article 59

Where a woman sentenced to death is proven to be pregnant and gives birth to a live child, the death sentence shall be commuted to life imprisonment.

Article 60

A death sentence may not be carried out until it has been ratified by the Amir. The Amir may, on his own initiative, pardon the person sentenced to death or commute the sentence to another penalty.

Article 61

Life imprisonment shall extend for the lifetime of the convicted person and shall always include compulsory labor.

Article 62

Temporary imprisonment shall be for a term of not less than twenty-four hours and not more than fifteen years.

Article 63

Where the term of imprisonment specified in the judgment is six months or more, imprisonment shall include labor. Where it does not exceed one week, it shall be simple imprisonment. Where it is less than six months but exceeds one week, it shall be simple imprisonment unless the court orders imprisonment with labor.

Article 64

A fine is a penalty requiring the convicted person to pay to the State the amount determined by the court in accordance with the law, which shall not be less than ten rupees.

If the convicted person fails to pay the fine, it shall be recovered by compulsory execution against his property. If compulsory execution is not possible, the convicted person may be subjected to coercive detention in accordance with the rules prescribed by the Code of Criminal Procedure.

Article 65

The court may require a person sentenced to a penalty other than death to pay all or part of the costs of the proceedings. The judgment shall be enforced according to the same rules applicable to enforcement of a fine.

Accessory and Supplementary Penalties

Article 66

The accessory and supplementary penalties prescribed by this Law are:

• Deprivation of the rights and privileges specified in Article 68.

• Dismissal from public office.

• Prohibition from practicing a profession.

• Closure of public establishments.

• Police supervision.

• Confiscation.

• Deportation of a foreign national from the country.

• An undertaking to maintain public security and good conduct, with or without security.

Article 67

A penalty shall be deemed accessory where the law provides that it follows automatically from the principal penalty.

A penalty shall be deemed supplementary where its imposition depends upon the judge expressly ordering it, whether the law requires or merely permits the judge to do so.

Article 68

Every judgment imposing a felony penalty shall automatically deprive the convicted person of the following rights:

• Holding public office or working as a contractor or concessionaire on behalf of the State.

• Standing as a candidate for membership of public councils or bodies, or being appointed as a member thereof.

• Participating in the election of members of public councils and bodies.

Article 69

Where a person sentenced for a felony enjoys, at the time the judgment becomes enforceable, any of the rights specified in the preceding Article, he shall be deprived thereof.

Article 70

Where a public official is convicted of a misdemeanor involving bribery, torture of an accused person to compel a confession, abuse of official authority solely to harm an individual, unlawful use of official seals, or forgery, the judge shall order his dismissal from public office for a period specified in the judgment of not less than one year and not more than five years.

Article 71

Dismissal from public office means deprivation of the office itself, the salary prescribed for it, and all privileges associated with it.

Where the convicted person is not a public official at the time the judgment becomes enforceable, he shall lose eligibility to hold any public office.

Article 72

Where a person practicing a regulated profession requiring a license is convicted of a felony committed in the course of or by reason of practicing that profession, and the crime involves a breach of duties imposed by law or by recognized professional standards, the judge may prohibit the convicted person from practicing that profession for a period not exceeding ten years.

Where the sentence of imprisonment exceeds seven years, the judge shall permanently prohibit the convicted person from practicing the profession.

Article 73

Where a person is convicted for practicing a trade in premises open to the public that fail to satisfy legally required conditions, in circumstances exposing the life, health, or safety of one or more persons to danger or disturbing their comfort, the judge shall order the premises closed until the convicted person proves compliance with those conditions.

Article 74

Any person sentenced to imprisonment for a term exceeding seven years for a felony against State security, piracy, murder, arson, robbery, counterfeiting coins, counterfeiting or forging official seals, banknotes, or official documents shall automatically be placed under police supervision for a period equal to one-half of the term of his sentence, provided that such supervision shall not exceed five years.

Article 75

Where a repeat offender is sentenced to imprisonment for theft, fraud, breach of trust, or extortion, the judge may order that he be placed under police supervision for a period of not less than one year and not more than two years.

Article 76

Every person subject to police supervision shall, as soon as the penalty becomes enforceable, comply with the following requirements:

1. He shall notify the police station responsible for his place of residence. The police station may refuse approval of residence at that location if it is situated in the area where the crime was committed.

2. He shall at all times carry a card issued by the police station responsible for his place of residence containing all information necessary to establish his identity, and shall present it to police officers upon request.

3. He shall report to the police station responsible for his place of residence once every week at the time specified on his card, and whenever required to do so by the police station.

4. He shall remain at his place of residence between sunset and sunrise unless he has obtained permission from the police station allowing him to be absent during all or part of that period.

Article 77

Any violation of the provisions of the preceding Article without an acceptable excuse shall render the person subject to police supervision liable to imprisonment for a term not exceeding one year and a fine not exceeding one thousand rupees, or either of these penalties.

Article 78

Where the judge imposes a penalty for an intentional felony or misdemeanor, the judge may order the confiscation of seized objects that were used or intended to be used in committing the crime, as well as objects obtained from the crime, without prejudice to the rights of bona fide third parties in such objects.